CN H.B. 2749 75(R)BILL ANALYSIS


JUVENILE JUSTICE & FAMILY ISSUES
H.B. 2749
BY McCLENDON    
4-4-97
Committee Report (Amended)


BACKGROUND

The Texas Juvenile Probation Commission (TJPC) has received several
complaints of alleged child abuse in juvenile pre-adjudication and
post-adjudication secure detention and correctional facilities.  The Texas
Department of Protective and Regulatory Services (TDPRS) does not have the
authority to investigate alleged child abuse or neglect in facilities that
are not licensed by TDPRS.  Secure juvenile detention and correctional
facilities are not licensed by TDPRS and, therefore, the investigation of
alleged abuse in these facilities is falling between the cracks.
Currently, TJPC does not license, register, or certify these facilities.
This bill would require TJPC to operate a statewide registry of these
facilities.  It also would require TJPC to adopt minimum standards for the
operation of these facilities, and would grant TJPC with the authority to
inspect these facilities and monitor compliance with TJPC standards.    

PURPOSE

The purpose of this bill is to require TJPC to operate a statewide
registry for all juvenile preadjudication and post-adjudication secure
detention and correctional facilities, except facilities operated or
certified by the Texas Youth Commission (TYC). 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

SECTION-BY-SECTION ANALYSIS

SECTION 1.  Sections 141.042(a), (c), and (d), Human Resources Code, are
amended to require TJPC to operate a statewide registry for all juvenile
pre-adjudication and post-adjudication secure detention and correctional
facilities, except facilities operated or certified by the TYC. These
sections also require TJPC to adopt minimum standards for the operation of
these facilities, and grant TPJC with the authority to inspect these
facilities and monitor compliance with TJPC standards, or certify that
facilities are certified by the American Correctional Association if the
boards elect to comply with those standards. 
 
SECTION 2.  Effective Date.

SECTION 3.  Emergency Clause.  


CJ H.B. 2749 75(R)

EXPLANATION OF AMENDMENTS

The amendment clarifies in HRC Sec. 141.042(d) that the commission will
inspect all juvenile facilities under its jurisdiction [(d)1] and adds new
language to (d)2, that the commission will monitor compliance on an annual
basis, or will annually assure that the facility is certified by the
American Correctional Association if the juvenile board elects to comply
with those standards.